When a section 8 notice has been served on the ground of two months rent arrears ( ground 8 ) and proceedings commenced, a landlord must prove at the court hearing that the tenant was (a) two months in arrears at the time of service of the notice and (b) that the...

THIS PAGE IS CURRENTLY UNDER CONSTRUCTION A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article attempts to explain the law of adjournments and...

If a tenant wishes to postpone the date for possession, they may ask the court for up to six weeks if exceptional hardship would be caused under section 89 Housing Act 1980. In addition, the court may not hold a hearing to determine exceptional hardship at any time on...

An order for possession may be set aside by the court if one party fails to attend a trial. [CPR 39.3] Note: The word “trial” is important. The below rules do not apply to the initial possession hearing as normally only a few minutes are allowed. Therefore...

Fox v Hill, Preston County Court, 21 January 2010, 9PR01873 We seem to be on a bit of a run at the moment as the Guild has helped win another case for it’s members. Should a landlord get a claim for three times deposit by a tenant for a failure to protect a...

An order for possession may be set aside by the court if one party fails to attend a trial. [CPR 39.3] Note: The word “trial” is important. The below rules do not apply to the initial possession hearing as normally only a few minutes are allowed. Therefore...

Judicial Review is where a landlord might go to court when there is no other alternative for example appeals etc. It can only be used against public bodies like local authorities. An example of when Judicial Review might be used is if a local authority refused to make...

Introduction Since April 2009, landlords or agents should serve a letter before claim when planning court proceedings. When to send letter A section 8 notice is ideally served when a tenant is two months or more in arrears. However, a pre action letter could be sent...

PRACTICE DIRECTION – PRE-ACTION CONDUCT Sanctions for non-compliance 4.5 The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions. 4.6 If, in the opinion of the court, there has been non-compliance, the...

Often, deputy district judges can suggest that once they have made an order, that they can no longer vary that order and that the matter must be dealt with by appeal. This is not always the case. If a person did not attend trial and has a good reason for failing to...

THIS PAGE IS CURRENTLY UNDER CONSTRUCTION A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article attempts to explain the law of adjournments and...